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01 Apr 2015 8:23:31am

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I would like to concur with Rak in saying that I think the Encounter team did a wonderful job in discussing an often misunderstood and stigmatised aspect of spirituality.

I would respectfully disagree with Rak's assessment of the law with respect to the legality of Ayahuasca, or any other natural substance containing any of the Transcendent Compounds.

In Australia, drug law is the constitutional responsibility of the individual states, so those wishing to determine the legality of a particular compound should refer to their own state, or territory drugs, or controlled substances Acts. What the United Nations may, or may not say is irrelevant.

Exceptions for cultural uses are contained within international treaties, but they have not made an appearance in state, or federal laws. What impact international treaties have on Australian Law is debatable, although one is perfectly welcome to get arrested and try one's luck in the Australian High Court.

Within the state of Victoria, where I reside, the Drug, Poisons and Controlled Substances Act (1981) is the relevant Act and Schedule Eleven is the part of the document which notifies which substances are prohibited. Readers will quickly note that "N, N-DIMETHYLTRYPTAMINE (AKA DMT), the key active ingredient in Ayahuasca is quite plainly on that list. By referring to the definitions contained within the Act, we can see that "substance includes material, preparation, extract and admixture", meaning that ayahuasca is prohibited, despite the fact that it it is not mentioned by name.

I would also point out that the Victorian state legislation cross-references the Federal Government's Poisons Standard, on which DMT is listed as a Schedule 9 Poison.

Having said this, there is still hope for residents of Victoria, with the Victorian Charter of Human Rights and Responsibilities Act (2006).

Section 14 of this Act grants full protection of religious freedoms. Section 7.2 of the Act states that these freedoms cannot be rescinded by the Government without a "demonstrably justifiable" reason for doing so.

As decades of peer reviewed scientific research has demonstrated that Transcendent Compounds are non-addictive, non toxic and psychologically safe in an appropriate dose, set and setting, the Victorian Government simply has no "demonstrably justifiable" reason for rescinding religious freedom with respect to these compounds.

Religious freedom is a guaranteed right in Victoria, and politicians know they don't have a legal leg to stand on. They also know better than to turn me into a martyr by arresting me when I trip on the steps of Parliament House.

A more complete discussion can be found on my website: http://www.kasarik.com/The-Legal-Argument.php

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